VANLALRUATA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Joseph L Renthlei, learned Amicus Curiae appearing for the appellant, Ms. Linda L Fambawl, learned Public Prosecutor for the State of Mizoram and Mr. C Tlanthia-nghlima, Legal Aid Counsel appearing for the informant.

(2.) The prosecution story as unfolded is that the FIR was lodged by the informant stating inter alia that the victim, 8 years of age, complained of some pain in her private part during June, 2018 and when the informant asked her the reason as to why she was experiencing pain, she did not answer and as such, the informant took her to the Doctor and when the Doctor asked as to whether anyone had touched her private part, she at first did not reveal anything but on being forced, she finally told that her neighbor i.e. the appellant has touched her private part. On being informed, the informant as such lodged the FIR. The Police, on receipt of the said FIR, registered the same as Kolasib P.S Case No. 13/2019 dtd. 16/1/2019 under Sec. 376 (2)(f) IPC, read with Sec. 6 of the POCSO Act. On completion of the investigation, the Police submitted charge-sheet against the appellant on 2/4/2019. Thereafter, the learned Judge, Fast Track Court after complying with of all the procedures, framed charges against the appellant under Sec. 376 (2)(f) of the IPC and the same was read over and explained to the appellant in his own language to which the appellant pleaded not guilty and the trial was conducted.

(3.) During the trial, the prosecution examined 8 witnesses including the Investigation Officer (I.O). Thereafter, the appellant was examined under Sec. 313 of the Cr.P.C and on completion of the trial, the learned Court convicted the appellant and sentenced him to undergo Rigorous Imprisonment for a period of 10 years with a fine of Rs.5,000.00 and in default of the payment of fine, he was further directed to undergo Rigorous Imprisonment for another period of 1 (one) month, u/s 6 of the POCSO Act.